The Baldwin County Planning Commission voted Jan. 8 to deny a family-exemption variance for a Coleman Lane conveyance (SV25-25), with staff citing state statute as the controlling authority.

Staff explained that family-exemption provisions in Alabama Code §11-24-2 exempt transfers between immediate family members from the standard subdivision plat process, but the current request involved a conveyance that staff determined was not between immediate family members as defined in the statute. Staff said the county lacks authority under current law to grant the requested variance. "This is explicitly spelled out in the state statute ... and this does not fit that," staff said when explaining the recommendation to deny.

The applicant and representatives acknowledged the limits of the county's authority. A family member who opposed the specific access route said neighbors were concerned about access through their property; staff and commissioners noted access questions were a separate issue from the statutory family-exemption criteria.

Public commenter Susan Cade said the family-exemption process can be used to avoid public review when a developer buys land and conveys it via family exemption. "How can a developer buy a piece of property, take it out of his business, at the very next month, get a family exemption approval?" she asked, urging the commission to consider code changes. Planning staff said they are working with the legislature to clarify the county code and align it more closely with municipal language that includes a 24-month deed-restriction provision. Staff said that would reduce abuses in which deeds are recorded to family members in the morning and lots sold later the same day.

The commission moved to deny SV25-25 consistent with the staff recommendation; the motion carried by voice vote. Staff said they will continue to pursue statutory clarification with state legislators to add consistency — including a potential 24-month deed-restriction — between county and municipal rules.

Next steps: staff will provide the relevant code language to interested residents and work with local legislators on proposed statutory language to limit transactional abuses of the family-exemption process.